DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08 October 2025 has been considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
1. Claims 1-28 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by US 2012/0121315 to T. Haack (“Haack”).
With regard to Claims 1 and 19, Haack teaches a nozzle for an applicator configured to apply a flowable viscous adhesive sealant material, the nozzle comprising a proximal end 22 comprising an opening and featuring a releasable coupling 23 to an applicator, an opposite distal end 7 comprising a single opening, and a hollow chamber 4 defined in an interior of the nozzle residing-between and in-fluid-communication-with the proximal and distal ends (see Abstract; FIGs. 1-2, 5; ¶¶ [0003], [0007], [0038], [0073], [0081]). Haack thus teaches a nozzle configured such that flowable viscous material supplied from the proximal end to the distal end is discharged out of a distal opening (see ¶ [0081]). Haak teaches an embodiment wherein the distal opening comprises a straight edge and an opposing edge featuring saw-tooth rectilinear and/or triangular shapes (see FIGs. 1, 5; ¶ [0081]).
With regard to Claims 2-6 and 18 the nozzle disclosed by Haack encompasses the claimed features (compare Haack FIGs. 1-5 with instant FIGs. 1-5 and 10).
With regard to Claims 7-17, Haack teaches flow elements and ridges 9, 10, 11 featuring diverse shapes and lengths formed in nozzle walls extending-from one surface to an opposing surface and spaced-apart therefrom (see FIGs. 1-4; ¶¶ [0045]-[0046], [0070], [0074]).
With regard to Claims 20-28, Haack teaches dispensing gun applicators comprising a reservoir cartridge (see ¶¶ [0003], [0007], [0013]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
2. Claims 1-28 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/195836 to Li et al. (“Li”) in view of Haack.
With regard to Claim 1, Li teaches a nozzle for an applicator configured to apply a flowable viscous material, the nozzle comprising a proximal end 11 comprising an opening and featuring a releasable coupling to an applicator, an opposite distal end 32 comprising an opening, and a hollow chamber defined in an interior of the nozzle residing-between and in-fluid-communication-with the proximal and distal ends (see Abstract; FIGs. 1-2; Pg. 5, Lns. 7-22). Li thus teaches a nozzle configured such that flowable viscous material supplied from the proximal end to the distal end is discharged out of a distal opening. Li teaches the shape of the distal opening is not particularly limited, and can be circular, square, rectangular, triangular, polygonal, or other suitable forms (see Pg. 8, Lns. 7-8); however the reference does not expressly teach the claimed shapes or a singular distal opening associated therewith. As discussed, Haack teaches the claimed nozzle distal opening comprising a straight edge and rectilinear or triangular sawtooth edge, and ridge features. According to Haack, such geometries and others yield enhanced mixing (see ¶¶ [0046], [0074]).
The features of Claims 2-6 are taught by Li (compare Li FIGs. 1-3 with instant FIGs. 1-5 and 10).
The features of Claims 7-18 are taught by Haack as discussed, and would have been obvious to one of ordinary skill in the art at the time the invention was filed to have incorporated into the nozzle of Li in order to obtain the improvements in mixing and distribution described by Haack.
With regard to Claims 19-20, Li teaches dispensing flowable damping material via a spray gun (see Abstract; Pg. 2, Lns. 1-5, Pg. 9, Lns. 18-27).
With regard to Claims 21-28, Li teaches dispensing gun applicators comprising a container (cartridge) (see Li at Pg. 4, Lns. 3-6, Pg. 9, Lns. 18-27).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael P Rodriguez whose telephone number is (571)270-3736. The examiner can normally be reached 9:00 - 6:00 Eastern M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at 571-272-1418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael P. Rodriguez/Primary Examiner, Art Unit 1712
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